A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've been injured in a motor vehicle accident and rely on vehicle modifications like hand controls or mobility aids, you need to preserve specific evidence to support your CTP claim. Under NSW law, vehicle modifications are treated as essential documentation to prove the injury's impact on your ability to drive. This guide explains what records to keep, how SIRA evaluates such claims, and practical steps to protect your entitlements in Bankstown.
Why Vehicle Modifications Matter in CTP Claims
Vehicle modifications are not automatically assumed to be related to your injury. Under the Motor Accident Injuries Act 2017, you must demonstrate a clear link between your accident, the injury, and the need for modifications. SIRA assesses whether the modification was necessary due to the accident and whether it aligns with the injury's severity.
For example, if you sustained a spinal injury requiring a hand control device, you must show that the modification was directly caused by the accident. SIRA uses the Motor Accident Guidelines to evaluate whether the modification falls within the 'threshold injury' criteria, which determines eligibility for benefits.
Key Evidence to Preserve for CTP Claims
To support your claim, retain the following records:
- Modification Documentation: Keep receipts, invoices, and manufacturer records showing the date and cost of modifications. This proves the modification was made post-accident.
- Medical Reports: Obtain reports from your treating medical practitioners confirming the injury's impact on your mobility. Include details about how the injury necessitated the modification.
- Expert Witness Statements: If your modification involves complex engineering (e.g., customised hand controls), an expert report from a mobility specialist may be required to demonstrate its necessity.
- Vehicle Modification Records: Provide evidence that the modification was installed after the accident, such as installation dates and service records.
- Photographs and Videos: Document the modification's condition and functionality before and after the accident.
How SIRA Assesses Modifications
SIRA evaluates whether your modification falls within the 'threshold injury' definition under the Motor Accident Guidelines. This involves assessing:
- Whether the injury caused a 'spinal nerve-root injury' with neurological signs.
- Whether the modification was 'reasonably necessary' to enable you to drive.
- Whether the modification aligns with the injury's severity and functional limitations.
If your modification is approved, you may be eligible for weekly income benefits, treatment and care benefits, and compensation for the cost of the modification. However, benefits may be limited after 52 weeks if your injury is classified as a 'threshold injury' under the Act.
Practical Steps to Take After an Accident
- Seek Immediate Medical Attention: Ensure your injury is documented by a medical practitioner. This creates a timeline linking your accident to the modification.
- Notify Your Insurer: Inform your insurer about the modification and request a claim form. SIRA requires specific details about the modification's purpose and cost.
- Keep All Records Secure: Store documents in a safe place and consider making copies. SIRA may request these during the claims process.
- Consult a Specialist if Needed: If your modification involves complex engineering, seek advice from a mobility specialist or occupational therapist.
Time Limits and Dispute Resolution
You have 52 weeks from the date of your accident to claim benefits for 'threshold injuries' under the Motor Accident Injuries Act 2017. If your injury is not classified as a threshold injury, you may have longer time limits. Always submit your claim within the statutory period to avoid losing benefits.
If your claim is disputed, SIRA will review your evidence and may request additional information. You may also seek independent legal advice to challenge a decision or appeal.
When to Seek Legal Advice
If your modification involves complex medical or engineering assessments, or if your claim is rejected, consider consulting a solicitor. A legal professional can help you:
- Navigate SIRA's assessment process.
- Challenge decisions based on incomplete or incorrect evidence.
- Pursue additional compensation for the cost of modifications.
Next Steps
CTP claims involving vehicle modifications require careful documentation to prove the injury's impact. By preserving the right evidence and understanding SIRA's assessment criteria, you can maximise your entitlements. For tailored advice on your specific circumstances, complete the quick, no obligation enquiry form.